HomeMy WebLinkAbout2018-10-08-D01A Dev Agr Satisfaction_Alices LC and Team Des Moines PartnersAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: October 8, 2018
AGENDA ITEM:Consideration of approval of resolution approving Partial Satisfaction of
Development Agreement among the City of Waukee and Alices L.C. and
Team Des Moines Partners, LLC.
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: Knapp Properties has requested the City approve a
satisfaction of this agreement as it pertains to a real estate transaction that
they are working on.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff has reviewed the Agreement and believes the
agreement can be satisfied.
RECOMMENDATION: Approve the Resolution
ATTACHMENTS: I. Proposed Resolution
II. Partial Satisfaction
PREPARED BY:Brad Deets, Development Services Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
D1A
1
THE CITY OF WAUKEE, IOWA
RESOLUTION 18-
APPROVING PARTIAL SATISFACTION OF AMENDED AND RESTATED
DEVELOPMENT AGREEMENT AMONG THE CITY OF WAUKEE AND ALICES
L.C. AND TEAM DES MOINES PARTNERS, LLC
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized
Municipal Organization; AND,
WHEREAS, Alice’s, L.C and Team Des Moines Partners, LLC. entered into a Development
Agreement dated August 6, 2007, as amended by an Amendment to Development Agreement
dated July 21, 2008, then replaced by an Amended and Restated Development Agreement
dated March 19, 2012 and then amended by an Amendment No. 1 to Amended and Restated
Development Agreement dated October 6, 2014 as recorded in Book 2014 Page 14153 in the
office of the Recorder of Dallas County, Iowa
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa
that the terms of the Agreement have been partially satisfied by all parties and the City
releases Alice’s L.C., Team Des Moines Partners, LLC and their successors and assigns, from
all obligations under said Development Agreement as it relates to the following property:
PARCEL 18-134 OF THE SURVEY OF PART OF OUTLOT Y IN PRAIRIE
CROSSING PLAT 3, AN OFFICIAL PLAT, NOW INCLUDED IN AND
FORMING A PART OF THE CITY OF WAUKEE, DALLAS COUNTY, IOWA,
AS SHOWN IN BOOK 2018, PAGE 18245 IN THE OFFICE OF THE
RECORDER OF DALLAS COUNTY, IOWA.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 8th day of
October, 2018.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Courtney Clarke
2
Shelly Hughes
Larry R. Lyon
Prepared by: Bradly M. Deets, City of Waukee, 230 W. Hickman Road, Waukee, IA 50263 (515) 987-4522
Return to: Rebecca D. Schuett, City Clerk City of Waukee, 230 W. Hickman Road, Waukee, IA 50263 (515) 987-4522
PARTIAL SATISFACTION OF AMENDED AND RESTATED DEVELOPMENT AGREEMENT
AMONG THE CITY OF WAUKEE AND ALICES L.C. AND TEAM DES MOINES PARTNERS, LLC
RECITALS
A. Alices, L.C., an Iowa limited liability company (“Developer”, Team Des Moines
Partners, LLC, an Iowa limited liability company (“Team”) and the City of Waukee, Iowa, a
municipal corporation (“City”), entered into that certain Development Agreement dated August 6,
2007, as amended by an Amendment to Development Agreement dated July 21, 2008, then replaced
by an Amended and Restated Development Agreement dated March 19, 2012 and then amended by
an Amendment No. 1 to Amended and Restated Development Agreement dated October 6, 2014 as
recorded in Book 2014 Page 14153 in the office of the Recorder of Dallas County, Iowa (the
“Agreement”).
B.Developer and Team have satisfied its obligations related to the Agreement in relation to
the following described real estate, to-wit (the “Property”):
PARCEL 18-134 OF THE SURVEY OF PART OF OUTLOT Y IN PRAIRIE CROSSING PLAT 3,
AN OFFICIAL PLAT, NOW INCLUDED IN AND FORMING A PART OF THE CITY OF
WAUKEE, DALLAS COUNTY, IOWA, AS SHOWN IN BOOK 2018, PAGE 18245 IN THE
OFFICE OF THE RECORDER OF DALLAS COUNTY, IOWA.
NOW, THEREFORE, the City does hereby acknowledge that Developer and Team have
satisfied their obligations of the Agreement in relation to the Property and the Property is hereby
released from the obligations and provisions of the Agreement and such lien is hereby redeemed,
paid off, satisfied and discharged in full as it relates to the Property.
This release shall be filed of record with the Dallas County, Iowa, Recorder
Words and phrases herein, including acknowledgement hereof, shall be construed as in the
singular or plural, and as masculine, feminine or neuter gender, according to the context.
Dated: __________________, 2018
CITY OF WAUKEE, IOWA,
An Iowa municipal corporation
By:________________________
William F. Peard, Mayor
By:________________________
Rebecca D. Schuett, City Clerk
STATE OF IOWA, COUNTY OF DALLAS:
On this ____ day of _______________ 2018, before me, the undersigned, a
Notary Public in and for said County and State personally appeared William F. Peard
and Rebecca D. Schuett, to me personally known, who being by me duly sworn, did
say they are the Mayor and City Clerk of the City of Waukee, Iowa, a municipal
corporation, executing the within and foregoing instrument and acknowledged that
they executed the same as their voluntary act and deed of the City of Waukee, by it
and by them voluntarily executed.
By:________________________
Notary Public in and for said State of
Iowa